Mustapha, initially pleaded not guilty to the charge of assault causing grievous bodily harm, contrary to Section 288 of the Criminal Procedure Code Cap 10 Vol 3, Laws of The Gambia.
In his plea for mitigation on behalf of the accused, Counsel Leigh said his client is a young man, who has a lot ahead of him.
The accused, he said, has been remorseful throughout the court proceedings, saying the accused had mental issues and that he is not in control of his actions.
In light of the above, he urged the court to exercise justice with mercy by imposing him a fine instead of custodial sentence.
He equally urged the court to take note of the fact that his client’s family has spent nearly D11, 000.00 towards the health of the victim (Bakary Gitteh)
Delivering his sentence, Magistrate KB Sambou acknowledged that he heard the accused plea of mitigation, but that despite that the actions of the accused is uncalled-for.
‘If the victim has responded to the accused violently, the outcome could have been serious. Since the accused has voluntarily changed his plea, I will temper justice with mercy by sentencing him to a fine of D5000 in default to serve four months in prison. I hereby ordered him to pay the sum of D15, 000 to the victim in default to serve another one -year in imprisonment.’
Magistrate Sambou also ordered that the family of the accused are urged to ensure that the accused is medically taken care of and to avoid repetition of the offence.
